Have you suffered excruciatingly painful burn injuries caused by someone else’s reckless or negligent actions? If so, you may need to take action if you hope to avoid financial ruin. In addition to the devastating burns you experienced, the emotional toll and distress regarding money could turn your life upside down.
Do not let the liable party get away with it. Demand justice for your damages by contacting a respected Queens burn injury lawyer at Tucker Law for a free consultation. Contact our personal injury legal team today to explore your legal options and find out how much compensation your burn injury claim could be worth.
Accidents That Cause Burn Injuries in Queens
Nearly any type of accident can cause burn injuries in Queens. If the circumstances are correct, virtually any type of event or incident has the potential to cause full-thickness burns, first-degree burns, or even road rash. Some of the most common types of accidents known for producing severe burns include:
- Truck accidents
- Construction accidents
- Motorcycle accidents
- Car accidents
- Work-related accidents
- Pedestrian or bicycle accidents
- Factory accidents
- Nursing home abuse or neglect
- Medical malpractice.
How a Queens Burn Injury Attorney Can Help
Having a reputable burn injury lawyer in Queens working for you could make all the difference in the outcome of your case. Our team will be ready to handle every legal detail so you can devote more of your time to recuperating from your injuries and coping with the painful debridement and skin grafts you might require. Some of our most important responsibilities will include:
- Investigating the cause of your burn injuries
- Gathering and reviewing evidence to establish fault
- Identifying anyone and everyone who contributed to your burns
- Quantifying damages to get the most out of your claim
- Negotiating with money-hungry insurance companies
- Preparing to bring your burn injury lawsuit to court
- Regularly updating you with changes to your case.
Defining Fault for a Burn Injury in Queens
When someone else is responsible for causing your burns, we must prove liability based on a preponderance of the evidence for your claim to be successful. This means we must provide compelling and powerful evidence convincing the jury and judge presiding over your case that the defendant is at fault for your injuries.
To do this, we must show the elements of negligence have been met. These include:
- Duty of care – The respondent had an obligation to keep you safe.
- Breach of duty – The respondent breached their duty of care.
- Causation – The respondent’s actions were the cause of your accident and burn injuries.
- Damages – Your burn injuries significantly affected you physically, financially, psychologically, or emotionally.
Since the burden of proof is based on the evidence collected against the defense, it is crucial we gather as much as possible in the course of our investigation. Some of the most powerful types of evidence used to prove negligence and liability in a Queens burn injury case include:
- Video of the incident
- Photos of your burn injuries
- Copies of your medical records
- Witness testimony
- Accident reconstructionist reports
- Police reports
- Safety inspection logs
- Maintenance records
- Testimony from family and friends
- Personal journal entries
- Chemical blood alcohol test results, where applicable
- Cell phone records
- Communication exchanges
- Forensic evidence.
Determining Negligence in a Queens Burn Injury Case
Depending on the type of accident you were involved in, multiple parties could share culpability for your injuries. This is why a thorough investigation is so important. By reviewing the type of accident you were involved in, we can gain insight into the parties that may be partially at fault for your burns.
For example, if you were critically injured in a car crash, some of the parties your attorney may examine for liability include:
- Auto parts manufacturers
- Queens road construction workers
- The New York Department of Transportation
- Maintenance technicians and safety inspectors
- Negligent drivers.
If your burns occurred on another party’s property, the property owner, maintenance workers, parts and products manufacturers, or other third parties may be at fault. Similarly, if you suffered severe burns on the job, your boss, colleagues, supervisors, equipment suppliers or manufacturers, and even your employer could be sued.
Since there are so many parties who may share fault for your injuries, it is imperative that we have enough time to investigate the cause of your burns thoroughly. The at-fault party should be compelled to compensate you for every loss so you have your greatest opportunity to get through these difficult times and move forward with your life.
Damages and Compensation for Burn Injury Victims in Queens
Queens burn injury victims are entitled to total financial compensation. When you file a civil lawsuit, you have the right to “be made whole.” This means you should be compensated for every loss, not only monetary or economic damages. Non-economic damages, or losses that do not have a set monetary value, are often just as impactful as financially-based damages.
For this reason, you should be prepared to go over your losses in detail with your burn injury attorney so we can ensure we are seeking maximum reimbursement for your suffering.
Some examples of potentially recoverable damages include:
- Physical pain from medical treatment, including burn debridement
- Emotional trauma and suffering
- Loss of income and employee benefits, including paid time off, health insurance, and retirement savings contributions from your employer
- Personal property damages
- Current and future medical bills and healthcare expenses, including medical devices and reconstructive surgery
- Loss of an intimate spousal relationship
- Diminished quality of life
- Embarrassment from disfiguring skin scars.
Connect With a Queens Burn Injury Lawyer for Help Today
Your burn injuries do not have to consume your life. You can take back control and start to move forward with help from a compassionate and experienced Queens burn injury attorney at Tucker Law.
When you are ready to fight for the compensation you are due, contact our personal injury team for a free, no-obligation consultation. Complete our quick contact form or call us to start working on your case as soon as today.
Queens Burn Injury FAQs
We understand how difficult this experience must be and how many unanswered questions you must have. With that in mind, we have answered some of the most frequently asked questions regarding burn injury insurance claims and lawsuits below. Do not hesitate to contact our team with additional questions or concerns.
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Will I have to go to court?
It is difficult to say whether your burn injury case will need to go to trial. Many personal injury claims can be settled without ever having to step foot inside a court room. However, if the liable party does not have enough insurance to cover your losses or is unwilling to settle your case outside of court, you may have no choice but to move forward with a civil lawsuit. Fortunately, doing so often increases your likelihood of recovering maximum compensation for your damages.
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What is the statute of limitations for burn injury lawsuits?
In New York State, the statute of limitations generally expires three years from the date of the accident. However, there may be extenuating circumstances in place that reduce or increase the amount of time you have to file your claim. The best way to avoid being barred from recovering your case in court is by having your burn injury attorney get started on your case as soon as possible.
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What happens if I am accused of sharing fault for my injuries?
When you suffer a burn injury in Queens, if you are partially at fault for the injuries you have suffered, you can still recover compensation for your losses. This is because New York operates under a pure comparative fault system. Here, if you are partially responsible for the accident, your settlement will be reduced to account for your portion of the blame. For example, if you were 30% at fault, you would only recover 70% of your award.
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Can I file a burn injury claim on behalf of my child?
Absolutely. It is up to you to advocate for your child’s injuries when they suffer from catastrophic burns. You may have more time to file a child injury claim as the statute of limitations may be temporarily paused until your child reaches the age of 18. However, the sooner you get started on your case, the more likely it is we can gather the evidence we need to prove liability and negligence.
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Should I give a statement to the insurance company?
It is never a good idea to give a statement to the insurance company. Insurance adjusters are looking for reasons to deny your claim. Anything you say can and will be used against you to reduce the insurance company’s financial obligations. Instead, either give them the facts and never speculate or direct them to your burn injury lawyer in Queens so your attorney can give them the information they need to process your claim in a timely manner.
These are only a few of the most commonly asked questions surrounding personal injury and insurance claims for burn injuries. Call today for a free consultation and get the answers you need when you need them most.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]